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Advice for a refund? Avsun.

See my other Avsun post for more details. artists-beware.livejournal.com/448560.html

At this point, I'm really just wanting a refund from Avsun, as Syber/AzureCoyote is offering to work out something with me, and honestly? I'd rather have a bodysuit from a known maker, and trusted friend who made my partial that the bodysuit will go to!

As of right now, nowhere in Avsun's journals or emails to me does it say that the 30% deposit was non-refundable. (I've screen-shoted this from their journal in case they change it.) Is there something I'm missing? If they have not spent it on materials (which I heavily doubt they have), am I eligible for a refund? I have not asked them about one yet, since they have not replied to my emails at all still, almost 5 months now (even though their most recent email to me was ended with "I promise we will never be out of reach during business hours!" Yes, that's really working, since I've sent 2 emails since. *sarcasm* )

I'm really just wanting a refund right now.

In.. better news I suppose? According to their journal header, they're not accepting more commissions. That's good. They're starting to listen to us.
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Comments

( 5 comments — Leave a comment )
connorgoodwolf
Apr. 28th, 2011 04:01 pm (UTC)
Regardless what his original intent was to provide a product, by not intentionally performing the service, he's proven his intent to complete the work.

Personally, I'd tell him, "Give me a full refund, perform the service, or I'll take you to court."

Don't allow to people steal from the community by robbing the innocent commissioners.
spiffystuff
Apr. 28th, 2011 04:09 pm (UTC)
I would say you are entitled to a full refund since 1) you never agreed to any non-refundable portion 2) there's no sign they've done any work on your project and 3) they have not kept up with what most would consider "reasonable" communication. As I recall you had no specific deadline set, so you can't say they broke it but... yeah, a month with no updates is redic, muchless 5!

So, yes, by all means request a refund. At this point I'd say even if they had bought materials, you can either ask them to send it over for you to forward to the new maker (and ask for receipts for PROOF of how much was spent if they won't refund you a reasonable amount of remaining monies), or else they should keep the materials for other projects and refund you in full.

Have you tried phoning them? It sucks to have to do that but at least you might be able get the word in that you want a refund. Record the conversation if possible, or maybe at least have a witness nearby and be on speakerphone? (IDK how the legality of that would come in to play)

On the downside... it sounds like they may have spent everyone's money already on things NOT related to the project (bad bad bad) and the saying "Can't squeeze blood from a stone" may apply. It may be VERY HARD to get them to do the right thing if they've already spent your money on "studio expenses" and personal bills. You may have to consider small claims court.

Edited at 2011-04-28 04:12 pm (UTC)
viothefoxbird
Apr. 28th, 2011 04:44 pm (UTC)
That's what I'm worried about; I'm certain my deposit has been spent on something other than my materials.
If I don't get a response of some sort relatively soon, I'll try calling them with a recording.
borderdog
Apr. 28th, 2011 06:00 pm (UTC)
Yep, according to another recent post on here they can't even afford a $25 refund, which explains why they were jumping on quote requests while still ignoring their current customers.
viothefoxbird
Apr. 28th, 2011 07:26 pm (UTC)
I really don't think I'll be getting a refund :/
I don't even want the bodysuit from them anymore.
( 5 comments — Leave a comment )

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